Houston Personal Injury Attorney
Accidents can take many forms. They can involve vehicles colliding on the highway or a person taking a fall in a grocery store. They can happen at any time and in any type of environment. Sometimes accidents are our own fault. We can cut or burn ourselves when we aren’t paying attention in the kitchen. There is also a category of accidents caused by someone else’s negligence. In those incidents, the victim shouldn’t be expected to pay their medical bills or replace property.
If an accident victim needs to receive compensation for their losses, they will need to file an insurance claim. When that claim is delayed or denied, the next best course of action would be to file a civil lawsuit. Whether it is the claim or the lawsuit, an experienced Houston personal injury lawyer can take the lead in pursuit of a resolution. The skilled attorneys at the Barrera Law Group LLC can be the support team you need to help with your personal injury claim.
If you’re ready to learn more about your legal options and right to recovery, contact us online or by phone so we can match you with an attorney best suited to you and your needs.
Houston Personal Injury Cases We Handle
As mentioned above, a personal injury can come in many forms. Barrera Law Group LLC is a Texas law office with access to nationwide resources. Our knowledgeable attorneys have extensive experience handling a wide range of personal injury case types, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Birth Injuries
- Nursing home abuse
- Premises liability
- Product liability
- Slip-and-fall accidents
- Dog bites
- Traumatic brain injuries
- Construction accidents
- Wrongful death
- Mass torts
Is the incident that injured you not listed above? That’s OK. If you’ve been injured anywhere in the state of Texas, or if you’ve lost a loved one to another person’s negligence, our team of Houston personal injury attorneys will fight for you to get fair compensation for your losses.
Why You Need to Hire a Houston Personal Injury Lawyer
The aftermath of an accident can be overwhelming. You could be dealing with recovery from an injury and repairs to your car. That injury might keep you out of work, or the vehicle might be totaled. Those are more burdens that strain your finances and quality of life. That is why you need a fast and fair resolution. Do you need a personal injury attorney to lock down that compensation? You might.
Here is why you need to hire our firm as your Houston personal injury attorney:
We Help to Manage Your Claim
The first thing you’ll need to deal with after your accident is making an insurance claim. That claim could be filed directly with your insurance company, which might be more receptive to helping you. Of course, they could also refer you to the at-fault person’s insurance carrier. That can create even more delays when all you want to do is get your mounting bills paid.
When the Barrera Law Group LLC takes up your case, we can help you prepare the insurance claims. We have years of experience dealing with the insurance companies. We know what they need to process the claim. More importantly, we know what excuses they use to cause a delay. If we can help bolster the submission of the claim to prevent a denial for missing materials, there should be a quicker resolution.
We Assist with Evidence Collection
Any personal injury claim needs to be supported by evidence. That is true for car accidents, slip and fall injuries, and medical malpractice, to name a few. Our team of attorneys and support staff know what is required to completely support a claim. We can assist you with collecting the following vital pieces of evidence:
- Police reports
- Surveillance videos
- Accident scene photos
- Witness statements
- Insurance policy review
- Medical and hospital records
- Physician assessments
We Take Over the Negotiations
The moment you submit any insurance claim, the clock starts ticking. According to the rules established by the Texas Department of Insurance, the insurance company has fifteen business days to acknowledge they are in receipt of your claim. After that, the company can request additional materials. Once they have everything they’ve requested, they have another fifteen business days to decide if they will pay the claim and in what amount. An insurance company will not be in any hurry to settle a claim.
Your Houston personal injury attorney will take over the negotiations with the insurance company. That includes any interviews about the accident. You don’t want to answer those questions unless your attorney is present. Those negotiations will consist of the counteroffers. If the insurance company comes back with a settlement amount that doesn’t come close to covering your losses, there could be a few rounds of negotiating that can result in a better number.
At Barrera Law Group LLC, we know how insurance companies operate. We also know their limitations and how much they should pay versus how much they offer. If these negotiations reach a “final offer” from the insurance company that is still unacceptable, we will discuss the option of filing a civil complaint.
We Will Represent You in Court
A personal injury lawsuit must be filed in the Harris County District Court. We understand the filing process for this court and know what it takes to prepare a successful presentation for a jury. We’ll take the gathered evidence and expand on it by providing expert testimony for accident reconstructions and medical care.
While the trial proceeds, we will leave the door open for a settlement with the insurance company. Filing a lawsuit demonstrates to the insurance company and the at-fault parties that you have a strong case and won’t be intimidated. Many of these cases settle out of court even after the trial has started.
It is essential to have a personal injury lawyer in Houston who provides guidance and support throughout your claim process. We are proud of our growing list of satisfied clients who appreciate how quickly we respond to their questions and help them make informed decisions about the best way forward.
Personal Injury Claim Damages
The physical and emotional toll that an accident creates can be devasting. Some of these injuries can forever change your life. Although, on some level, a monetary award can’t make up for what you’ve lost, but it can bring a measure of closure. You might need financial support for ongoing medical bills and lost income. There is also the emotional toll that can impact your quality of life. All these issues must come into play when your damages are assessed.
You may be entitled to the following types of damages:
Economic Damages
In a personal injury case, the economic losses are the direct costs incurred due to your accident. Another way to look at economic damages would be to look at all the expenses you can back up with a bill, receipt, or invoice. Here are the typical economic damages you can seek in your accident claim:
For your injuries:
- Emergency room bills
- Surgery costs
- Follow-up doctor visits
- X-rays, MRIs, and other diagnostic tests
- Medical supplies such as walkers, wheelchairs, crutches, etc.
- Medications
- Physical therapy (current and ongoing)
For your property:
- All car repairs costs
- Replacement value (if applicable)
- Any personal items lost in the accident
For your income:
- Lost wages
- Future earning potential if you are unable to return to work
Keep in mind that in Texas, there are no caps on economic damages. In other words, if you can demonstrate your losses with the proper documentation, you should be able to retrieve all of those funds.
Noneconomic Damages
Noneconomic damages are the damages you can’t back up with a bill but are every bit as meaningful. These include the following types of calculations:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
In order to calculate the value of these damages, we can utilize the common multiplier practice. The level of your injuries and losses will be assigned a number ranging from 1 to 5. That will be multiplied by your final economic damages. For instance, if your economic damages are $25,000 with a multiplier of 2, your final award will be $75,000.
As with the economic damages, in Texas, there are no caps for noneconomic damages—with one notable exception. Texas Civil Practice and Remedies Code Sec. 74.301 spells out how a limitation to noneconomic damages in medical malpractice cases applies as follows:
- $250,000 for lawsuits filed against healthcare providers
- $250,000 per health care facility, not to exceed $500,000 per lawsuit
The maximum amount someone can recover for noneconomic damages in a medical malpractice case is $750,000.
Punitive Damages
Punitive damages are not part of any economic or noneconomic calculations. These are meant as punishment for the at-fault party. A judge or jury can award these damages when the at-fault party’s damage was especially malicious or fraudulent. For instance, a drunk driver who causes an accident or a landlord who ignores building inspection that leads to an injury. There is a cap on the amount of punitive damages in any type of personal injury case. According to Texas Civil Practice and Remedies Code Sec. 41.008, the punitive cap is as follows:
- Two times the total value of economic damages plus either
- $200,000, or
- An award equal to noneconomic damages not to exceed $250,000
Assigning Blame and Proving Liability
Personal injury cases in Houston are based on the legal concept of negligence. Every lawyer at Barrera Law Group LLC has the skills and background needed to identify and prove acts of negligence.
For instance, assigning blame in a car accident might not be complicated. A driver who speeds, is under the influence of alcohol or drugs, or is driving recklessly and is cited by the police for those actions will be held at fault. On the other hand, in trucking accidents, there could be additional at-fault parties, such as the trucking company, the truck manufacturer, and the cargo loading company.
Depending on the type of complaint, here are some other potential at-fault parties that could be named in the personal injury complaint.
Duty of Care
The at-fault party owed you a duty of care not to cause harm. Everyone shares that duty of care, whether you are driving, walking a car, operating a store, managing a restaurant, or inviting friends over to your house for a party.
Breach of Duty of Care
The at-fault party violated their duty of care. That can be as simple as speeding on the highway or letting a known aggressive dog off-leash.
Causation
You were injured by the other person’s actions or omissions. In other words, you would never have been injured if it weren’t for the breach of duty of care.
Damages
You suffered verifiable financial losses related to your injuries caused by the accident.
In order to build a strong case of liability, we will activate all our office’s resources to investigate, research, and prepare all the crucial evidence that supports the facts of the accident.
Barrera Law Group LLC — The Right Choice for Those Injured in Houston
From the day your accident occurs, you have two years to file a personal injury lawsuit. That might seem like a long time, but waiting can work against you. Even if you’re still recovering from your injuries, you should call the Barrera Law Group LLC for a free case evaluation. You can present your preliminary evidence in that meeting for us to review. You can share your story, and we will make a determination about the best way forward for your case.
You deserve to be fully and fairly compensated for everything you’ve been through, are currently dealing with, and are expected to endure. Unfortunately, most at-fault parties and their insurers will do everything in their power to limit victims’ rights to compensation.
At Barrera Law Group LLC, we don’t stand for unfair treatment of our clients. We will fight for every ounce of respect, justice, and compensation that you are owed. From meeting all filing deadlines to working closely with expert witnesses, our team of legal experts will create the strongest possible case on your behalf.
To schedule your free consultation with a Houston personal injury lawyer, contact us online or by phone. We’re standing by to help.